Kelly Rutherford holding her son Hermés Gustaf Daniel Giersch on the set of 'Gossip Girl' filming on location in Manhattan. New York City, USA - 06.02.09

The actress is seeking to ban Giersch from taking their two-year-old boy Hermes to his home until he has ensured the swimming pool and play areas are child-safe, according to official documents obtained by TMZ.com.

New legal papers also indicate that Rutherford has asked that Giersch refrain from teaching their child how to use the toilet, although she failed to explain why.

A judge has subsequently ruled that Giersch must securely cover the pool.

Another hearing in the couple's ongoing custody war is scheduled for Friday (22May09).

Source: WENN